| Use of Prior Convictions/Prior Misconduct at DUI/DWI Trials |
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| The statutes of almost all states provide for an increased penalty against a person convicted of a second or subsequent charge of drunk driving, with additional penalties ranging from higher fines to mandatory imprisonment and mandatory suspension of a person's driver's license. Since prior convictions are elements of the enhanced offense, they must be charged and proven by the prosecution. More... |
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| Criminal Offense of Unsafe Passing |
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| Passing another vehicle is an important part of driving; if done poorly, it can be a dangerous and even fatal maneuver. The statutes addressing passing generally require motorists to allow a passing motorist, moving in the same direction, free passage to the left. The overtaken motorist is specifically prohibited from increasing his or her speed to prevent the overtaking motorist from passing. More... |
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| Penalties for Felony DUI/DWI |
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| The penalties for felony driving under the influence (DUI) of alcohol or driving while intoxicated (DWI) vary depending upon the state. Many of the states have adopted sentencing guidelines that are similar to the Federal Sentencing Guidelines. Under these guidelines, the states usually provide a sentencing range for each type of offense and provide aggravating and mitigating circumstances that can be used to increase or decrease the sentence. More... |
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| Ignition Interlock Devices in DUI Cases |
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| State legislatures have addressed the public safety problem of recidivist drunk drivers by authorizing various types of law enforcement tools. One such tool is the "ignition interlock" device, which attaches to the vehicle's steering mechanism and ignition. When used by the courts or state motor vehicle departments in conjunction with a monitoring, reporting, and support program, the ignition interlock system provides drunk driving offenders (driving while intoxicated (DWI) or driving under the influence (DUI)) with an alternative to full license suspension. More... |
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| Immigration Consequences of a DUI/DWI Conviction |
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| The dangers and consequences of drunken driving are obviously serious, but the consequences of drunken driving convictions for non-citizens of the United States can be grave. In addition to the possibility of losing driving privileges and facing higher insurance premiums, drunken driving convictions may lead to inadmissibility or to deportation of the noncitizen from the United States, denial of adjustment during the green card process, or a finding of bad moral character at a naturalization interview. More... |
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